ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference:  IR - SC - 00004209

Parties:

Dispute:

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Date of Hearing:              24/09/2025

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.

Background:

The dispute concerns an issue regarding near misses and a grievance which the Worker contends was not properly processed or resolved.

Summary of Workers Case:

The Union, on behalf of the Worker provided a detailed submission.  The history of the dispute is that the investigation by a colleague into two near misses was flawed, examples of which are that he was not interviewed as part of the investigation and there were breaches of data protection in terms of his anonymity being compromised in an on line system that records the outcome of health and safety investigations.  The Worker raised a formal grievance after an informal attempt did not succeed.  The resolution of the issue could have been effected under the informal procedure, being a simple correcting of the record in a number of Near Miss reports and the anonymisation of said reports and whatever necessary follow on action so that the original investigator would cease this practice.  On 3rd December 2024, the Worker submitted a formal grievance.  There was a meeting on 12th February 2025.  Almost 7 weeks after this meeting, the Worker had no indication from HR as to the progress of his grievance.  After intervention from Occupational Health, the Worker received an email on 31st March 2025 promising that the grievance would be progressed that week and apologising for the stress and anxiety caused by the delay.  This was the last correspondence the Worker had from HR regarding the issue.

The Worker seeks from the employer

1. the completion of the grievance process forthwith with the required interviewing of witnesses, and the production of an investigation report
2. the correction and anonymisation of the three Near Miss reports

• an explanation from the employer for the non-progressing of the complaint when it was pointed out to them that this delay was causing stress again at odds with the employer’s professed championing of mental health.

1. An apology from the employer for the above
2. Appropriate action to ensure that the above described targeting of the Worker by a colleague via abuse of the Near Miss investigation reporting system never re-occur.
3. That he will not be the subject of unfair treatment for having made this complaint to the WRC.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Summary of Employer’s Case:

The Employer acknowledged that there was a delay in concluding the grievance procedure and explained that due to a change in management some delays and lack of conclusion occurred.  It was stated that the situation has been resolved now and there is no major difficulty with the remedy sought.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

The discrepancies in the various investigations pointed out by the Worker were acknowledged by the Employer.  The lack of action and the delay in progressing the Worker’s grievance was acknowledged and an apology made by the Employer.  It appears that the Employer has accepted the need to correct the record and ensure anonymity and may already have done so. 

I recommend that the Worker accepts the Employer’s apology, the Employer corrects the record and ensures that in the future their own robust and detailed grievance procedures are followed.

Dated:   28-11-2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: